Taylor v. Wilburn
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. This was a proceeding commenced in the Callaway Circuit Court to vacate the will of John Wilburn, previously admitted to probate in the county court, on the grounds of his alleged mental incapacity to make a will, and of undue influence exercised by his wife over his weak intellect. The petitioners were Ms daughters and their husbands, and Sinclair Wilburn, one of his sons.
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Appeal from Montgomery Circuit Court. This was a proceeding commenced in the Callaway Circuit Court to vacate the will of John Wilburn, previously admitted to probate in the county court, on the grounds of his alleged mental incapacity to make a will, and of undue influence exercised by his wife over his weak intellect. The petitioners were Ms daughters and their husbands, and Sinclair Wilburn, one of his sons. The statutory issue was made and tided by a'jury, who could not agree upon a verdict. Another trial was had, and resulted in a verdict against the validity of the will. A new trial…
1Opinion of the CourtScott, Judge
There is no doubt but that the burden of proof in this case was upon the petitioners or plaintiffs. They did not deny the execution of the will, but set up such weakness and infirmity of intellect, caused by sickness and age, as rendered the testator not of a sound and disposing, mind, and such an influence exercised over him as vitiated his will. But in making this admission, we cannot see any consequence resulting from it injurious to the plaintiffs by reason of the first instruction given at their instance by the court. That instruction directs the jury to find for the plaintiffs, unless…
2Cited by15 opinions
- Davis v. BabbIndiana Supreme Court · 1919
- Clark v. BrileyCourt of Appeals of Texas · 1916
- Welch v. BarnettSupreme Court of Oklahoma · 1912
- Goodloe v. GoodloeCourt of Appeals of Texas · 1907
- Isenhour v. SPEECE, ADMR.Indiana Supreme Court · 1958
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